John Patrick Tully v. Edward Scheu, United States Marshal for the District of New Jersey, and William F. Hyland, Attorney General of New Jersey

OPINION OF THE COURT

ALDISERT, Circuit Judge.

A New Jersey court rule provides that a criminal defendant may move for reduction of sentence within sixty days after judgment of conviction and that the sentencing judge may reduce the sentence within seventy-five days from the date of judgment “and not thereafter.” 1 This appeal by a state prisoner from a denial of habeas corpus relief under 28 U.S.C. § 2254 requires us to decide whether New Jersey denied appellant rights assured by the sixth and fourteenth amendments to the Constitution under circumstances in which he timely moved for reduction…